Supreme Court of India · 2001-07-20
Vishwambhar & Ors vs Laxminarayan (Dead) Through
- Citation / case number
- AIR 2001 SUPREME COURT 2607
- Court
- Supreme Court of India
- Petitioner
- Vishwambhar & Ors
- Respondent
- Laxminarayan (Dead) Through
- Author
- D.P. Mohapatra
- Bench
- D.P. Mohapatra, Doraiswamy Raju
Judgment text excerpt
The Supreme Court held that the sale deeds executed by Laxmibai, the mother and natural guardian of minors, were void ab initio due to non-compliance with Section 8 of the Hindu Minority and Guardianship Act, 1956, which requires court permission for such transactions. The Court emphasized that the absence of legal necessity and court sanction renders the transfers invalid and not binding on the minors' rights. Consequently, the Court decreed the suit in favor of the plaintiffs, allowing them to recover possession of their share of the ancestral property.